Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

The Senator is seeking to ensure that the local authority would source the houses for the HAP, and the consequential amendments are all related to that. That would be difficult for the local authorities to do insofar as at present those who are on rent supplement source their own accommodation. It would result in potential HAP recipients not being able to avail or take advantage of opportunities in the private rented sector to secure accommodation.

The HAP represents a shift to a more dynamic system whereby flexibility and choice are important considerations.

One of the objectives in designing the housing assistance payment, HAP, scheme has been the requirement to be as efficient in respect of providing a HAP payment to a recipient as is the rent supplement scheme at present. The administrative burden that would be placed on housing authorities by requiring them to source all accommodation under the scheme would make the scheme unmanageable and unworkable. In providing for both efficiency and relevance, it is important to note the housing authority is responsible for ensuring that accommodation sourced by HAP recipients under the scheme meets the relevant accommodation standards and that the landlords of these properties are tax-compliant. It also is important to remember that under the HAP scheme, the housing authority will make a rental payment to the landlord on behalf of a HAP recipient. The housing authority is not entering into a rental contract with the landlord for the ongoing availability of the property. In that context, section 40 of the Bill underlines that even though the housing authority is making a rent payment to the landlord on behalf of a HAP recipient, this does not mean there is any contractual liability on the housing authority to continue paying rent to the landlord if the HAP recipient leaves the property or if that recipient becomes ineligible for a HAP payment.

Since the inception of the rent supplement scheme, tenants have been sourcing their own accommodation, in respect of which they receive a rent supplement payment and this will be replicated under the HAP scheme. The latter will form one of a suite of social housing supports, some of which the housing authority will provide directly, thereby providing an integrated and progressive selection of social housing support mechanisms with which housing need can be met. While the housing needs of a person or household in receipt of HAP will be met through the provision of HAP, such a person or household will have the option to apply for a transfer to a more traditional form of social housing support or to avail of certain incremental purchase options if the person or household so chooses. Within the general operation of the scheme, there is nothing to stop a housing authority from providing advice on where appropriate properties might be available. However, the onus is on the household to secure such a property. Furthermore, if a household has qualified for social housing support but cannot source appropriate accommodation in the private rented sector under HAP, then the relevant housing authority, within current supply constraints, retains a general level of responsibility in respect of providing an appropriate form of housing support for the particular household concerned.

It is really continuing the practice in the rent supplement system whereby the person finds his or her own accommodation. However, there are situations in which the housing authority will help if it is aware, for example, of housing that is available. As for the sections of housing authorities that deal in particular with people who are trying to find accommodation but are finding it difficult, certainly from my experience if they are aware of housing that is available, they will advise and help people. However, were they to have the obligation to source the housing, I genuinely believe they simply would not be able to do it and it would put a huge additional burden on housing authorities. The practice, as it exists at present, is that people find their own accommodation. Under the HAP scheme, this is by and large will continue to be the practice.